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Steps for Filing a Patent PATENT PROCESS  Stages
for filing a Patent:
Validity Search A Validity Search is a search made when one company sues another for patent infringement. Generally, the company being sued tries to prove to the United States Patent and Trademark Office made a mistake when it issued the Patent and Therefore, the patent is invalid. Patentabilty Search The patentability search is a search of relevant literature expired patents, current patents, scientific documents and other related prior art to determine if the invention is non-obvious or novel. Note: Patent Searches although done professionally are not infallible, since there is no way to search patent applications that are pending, foreign or non-patent or exotic references may not be uncovered by the search. Furthermore, recent Patents may not be available to the public at the time of patent search. When should I look for potential investors? In the U.S. public exposure of more than one year before you file a patent application means that your invention is barred from being patented. This law is strictly enforced by the United States and Patent office and no exceptions are allowed. In many foreign countries, if any public exposure occurs prior to the filing of the patent application, you lose the right to file for a patent. This results in essentially making your invention free for anyone anywhere to copy, use, manufacture and make money without your permission. It’s best not to tell others about your idea until you have at the very least achieved "patent pending" status by filing a patent application. Filing a patent application provides "patent pending" status but the invention is not fully "protected" until a patent is issued. The single most common mistake that inventors make is failing protect their invention in a timely manner. If you are an inventor with a new or improved and useful invention, or an original and ornamental design, consult a Patent Attorney soon. Failure to promptly protect your invention may result in loss of your legal rights. Consequently, your invention would become available for anyone to use free of charge. What common mistakes should I avoid? Keep your invention confidential. You should be careful about revealing your idea to others before obtaining patent. Patent Attorneys are legally obligated to keep your invention confidential, in accordance with the attorney-client privilege Rules. Avoid disclosing the invention to anyone other than Patent Attorney or Patent Agents until at the very least “patent pending” status is obtained. The invention is not fully "protected" until a patent is issued. File your Patent Application promptly. In the US, any public exposure of your invention before filing for a patent will jeopardize your likelihood of obtaining “Patent Rights”. The rule is the inventor has exactly one year to file for a patent from the first date of public exposure. This one year rule cannot be extended and if no patent has been filed after one year of public exposure, the invention will be considered part of public domain. Public domain information is generally free for anyone to use. Consequently, the invention, once considered part of public domain will be available free for anyone to use. Therefore, it is highly recommended that you seek legal counsel as soon as possible to arrange for protection of your invention. Public exposure will jeopardize your potential “Patent Rights”. Public exposure may be selling your product to the public, publication of the invention anywhere, or offering your product for sale even if no actual sale of the invention takes place such as trade shows, website ads, radio ads etc. The term “Public Exposure” is strictly construed and may involve activities that some inventors would NOT consider as public exposure. However, this is not the case and many inventors are surprised to find out that they have forfeited their “Patent Rights” while engaging some activities. This rule is even more harsh in some foreign countries where “Patent Rights” cannot be obtained if an invention is disclosed even one day before filing a patent. Avoid these extremely harsh penalties by planning ahead and filing your patent application promptly. The rule of thumb for every inventor to remember is that ANY public disclosure of the invention prior to obtaining a patent is likely to jeopardize the inventor’s potential “Patent Right”. Consult a Patent Attorney, a specialist possessing skills needed to represent inventors. The best time to consult a Patent Attorney is while the invention is still in development. Document the invention and the date that the invention was conceived. It is prudent for the inventor to document the invention and the date the invention was conceived. One approach would be for the inventor to submit a disclosure to a Registered Patent Attorney describing and illustrating with pertinent diagrams, the invention for a fee. The Patent Attorney confirms and acknowledges the date of receipt of the disclosure. If it is needed at a later stage the date of conception is issue, the Patent Attorney can confirm the date to protect the inventor’s rights. How can I find out if my idea can be patented? The first step for patent application process is the search process. A search of many records is conducted to determine whether the invention is the same as, or is an obvious modification of, prior inventions. Generally, the search should at least include a review of prior U.S. patents, Internet searches, publications, news reports, and any other form of public information. Because U.S. Patent Examiners usually cite both U.S. and foreign patent documents, foreign patents should be considered in the search as well. Internet searches are helpful, but not enough to make a complete search. The Internet search may not include consideration of all of the information necessary to determine if an invention is eligible for patent protection. For instance, foreign patents available to the Patent Examiners should be considered in the search. All of the text and drawings that should also be considered. Furthermore, Registered Patent Attorney is able evaluate the results of the search from a legal point of view. What should I do now to get started? You need to contact us for a professional patent search and legal evaluation by a registered patent attorney at least during the development process of your invention and definitely before disclosing your invention to the public. The search should be promptly followed by a patent application by a patent attorney where a patent application is appropriate and feasible. Please be ready to answer the enclosed questionnaire before proceeding. Inventors Check List Document (pdf file - 6K)  Please
note: The above file requires Adobe Reader to be installed on your
computer. If you do not have Adobe reader installed, you
can download a free version here.How do I market my invention? You may manufacture and distribute your invention yourself, or you may license it to a manufacturer in return for royalties. Most inventors prefer licensing because it is generally easier. Many inventions provide improved features or additional benefits to existing products. Therefore, the companies that already sell similar products are the best prospects. Look in stores, catalogs, popular magazines, or trade magazines for these products. The manufacturers' names and addresses are often printed on product packaging and advertisements. Manufacturer listings, such as Thomas Register, and Dunn's Million Dollar Directory, are available in the reference section of most libraries. File a patent application first before submitting your invention to the manufacturer. It should be noted that your invention is not fully protected until the patent is issued or granted. Nevertheless, although not recommended, some inventors start marketing their inventions before the patent is granted. Seek legal counsel on this issue. If you wish to submit your invention to manufacturers without filing a patent application, try to get them to sign a Non-Disclosure (confidentiality) Agreement first but this will be at your own risk and is not recommended unless you know that a manufacturer is absolutely ethical. It is best to at the very least file a patent application before submitting your invention to the manufacturer. Great caution is required if you submit your invention to any third party before filing a patent application. Many companies require inventors to sign a waiver, sometimes called an "Invention Submission Agreement", before reviewing their inventions. A typical waiver states that the company not be required to keep the invention secret, that it may do with the invention as it wishes, and that the inventor must rely solely on the patent laws for protection. You must carefully weigh the risk of signing such waivers. It is highly recommended that you seek legal counsel if you plan on taking this route. "Invention marketing companies" are organizations that offer to help inventors sell or market their inventions. Typically, they will first send you a free "Inventor's Kit" that includes a disclosure form for you to provide a description of your invention. Very Great Caution is required here. Seek legal counsel before submitting or disclosing any part of your invention to such a company. |